Georgetown Workers’ Compensation Lawyer

Georgetown Workers’ Compensation Attorney

Workplace accidents can happen at any time, and they can have a significant impact on a worker’s health and future. Fortunately, the South Carolina workers’ compensation system offers protections to those who suffer illnesses or injuries on the job. If you’ve experienced a workplace injury of any kind, it is important to speak with a Georgetown workers’ compensation lawyer to assess your case and ensure you receive a fair settlement.

Georgetown, SC, Workers’ Compensation Lawyer & Law Firm

The team at Axelrod & Associates, P.A., understands the vulnerability in which injuries can leave workers. With over a century of combined experience, our firm has long been trusted by workers throughout Georgetown and the surrounding areas. We work tirelessly to secure proper compensation for our clients through compassionate care and tenacious advocacy. Our attorneys can help you obtain the compensation you deserve and work toward a full recovery.

How Does Workers’ Compensation Work?

Workers’ compensation is a type of mandatory insurance that South Carolina requires employers to maintain. It is a system that tends to be forgotten until it is needed, covering employees who experience workplace injuries, illnesses, or other accidents. In many cases, this coverage offers comprehensive financial and medical protection to workers.

The intention is to protect employees from facing insurmountable expenses as a result of a workplace injury and to provide compensation for lost income resulting from missed work. Filing a claim for workers’ compensation involves following a few necessary steps:

• Seek medical attention. Whatever the injury, it is important that you seek immediate medical care. Many employers have emergency kits and medical professionals on site. If your employer does not, it is important to seek medical attention at a hospital or urgent care facility, depending on the severity of the injury.
• Report the injury. You must report the injury to your employer as soon as it happens, as soon you are physically able, or as soon as the injury becomes apparent. The report should be in writing, should explain how the injury occurred, and should include the names of any witnesses to the accident.
• File the claim. Your employer is responsible for filing the claim with their workers’ compensation insurance carrier. The insurance company will then investigate the claim, review medical records, and determine benefits.

Workers’ compensation should cover the medical bills associated with your accident, including medication and follow-up medical visits, along with compensation for lost wages. An attorney from Axelrod & Associates, P.A., can help you understand the value of your claim, ensuring you receive the support and settlement that you need.

How Do I Qualify for Workers’ Compensation?

An injured employee should be eligible to claim workers’ compensation benefits if they were employed at the time of the accident and were reasonably behaving within the expectations of the workplace. Workers’ compensation is a no-fault system, meaning that you can collect benefits even if the accident was the result of your own negligence, error, or other mistake. You don’t even need to have been directly performing a work-related task.

However, there are a few cases in which a worker would be ineligible to receive benefits. If the accident was caused while a worker was engaged in fighting or other reckless behavior, if they were under the influence of drugs or alcohol at the time of the incident, or if there was any fraudulent attempt to manufacture the injury or make a false insurance claim, they would be ineligible to receive a settlement.

Lastly, if the incident occurred outside of work, then the ensuing injuries would not qualify

What Are Common Workplace Injuries?

Injuries that occur at the workplace, including medical conditions that develop over the course of performing work-related duties, qualify for coverage under South Carolina’s workers’ compensation laws. Most commonly, these injuries include:

• Fall injuries. Tripping, slipping, and falling are some of the most common types of accidents that occur in the workplace. Wet floors, uneven surfaces, obstructive objects, loose debris, and other hazards can cause workers to fall to the ground, and those who fall from heights, such as from a ladder, scaffold, or platform, can incur serious injuries. Fall injuries can include broken bones, strains, and back injuries, among others.
• Machine injuries. Employees working with industrial machines and other equipment or tools can suffer serious injuries when something goes wrong. Mistakes, mishaps, and malfunctions can lead to amputations, crush injuries, and lacerations.
• Elemental injuries. Some environments, such as kitchens, laboratories, and workplaces involving manufacturing or working with hazardous substances, expose workers to potentially dangerous contact with certain elements. Electrical shock, burns, and exposure to toxic chemicals are serious injuries that can occur.
• Vehicle injuries. Forklifts, carts, pallet jacks, tractors, combines, bulldozers, and cranes can all cause serious injury in the case of a workplace accident. Additionally, those who drive a vehicle as part of their work duties, such as a delivery truck, cab, shuttle, bus, or company car, could suffer injuries if they are involved in an accident.
• Repetitive strain injuries. Repetitive strain injuries (RSIs), such as carpal tunnel or tendonitis, can manifest as the result of prolonged activity and repetitive tasks. Those who work at a desk or on an assembly line are particularly prone to these types of injuries.
• Occupational illnesses. Some illnesses or diseases can develop as a result of exposure at the workplace. Black lung disease was a common example that still persists today among miners, and COVID-19 is a more recent example of a disease contracted while performing work duties.

How Can a Workers’ Compensation Lawyer Help?

While the premise for workers’ compensation is fairly straightforward, the details involved in the process can be much more nuanced and complex. An experienced and qualified attorney can help you with your workers’ compensation claim by guiding you through the process and ensuring you have all the proper documentation to maximize your claim and obtain the most favorable settlement.

Partnering with a skilled lawyer from Georgetown, SC, reduces the likelihood of improper filing or an undervalued settlement. Your attorney can also protect you against unfair, predatory tactics by some insurance companies that may attempt to challenge your claim’s validity or minimize your injuries. Workers’ compensation attorneys have the experience to recognize these tactics and counter them. They can also identify additional expenses that should be covered by insurance companies, which may otherwise overlook them.

How Is My Right to Claim Workers’ Compensation Protected?

South Carolina protects employees’ rights to claim workers’ compensation. No employer may legally impede you from filing a claim. Additionally, you are protected from retaliatory actions. Your employer cannot legally take actions against you for filing a claim, including, but not limited to:

• Terminating your employment
• Reducing your hours
• Demoting you
• Excluding you from team meetings or other important information
• Otherwise punishing you or exhibiting unfair treatment toward you
• Harassing you regarding the incident

By hiring a workers’ compensation lawyer, you can better protect yourself against unfair and illegal treatment at work. If you believe you are a victim of retaliatory actions by your employer, speak with a qualified attorney as soon as possible. Regardless of whether the insurance company has accepted or denied your claim, your employer cannot treat you differently for having filed a workers’ compensation claim.

FAQs

Q: What Is the Highest Workers’ Comp Settlement in South Carolina?

A: If you are receiving workers’ compensation in South Carolina, you are generally entitled to up to two-thirds of your average wages each week. However, there is a cap to this amount, as the maximum allowed benefit amount in the state is $1,035.78. This means that the highest possible settlement amount is $53,860.56 per year, though this only pertains to lost wages and doesn’t include medical expenses or other losses.

Q: How Much Do Workers’ Comp Lawyers Charge in SC?

A: Most workers’ comp lawyers charge a contingency fee. However, the workers’ compensation commission must approve all lawyer fees in South Carolina. Under the commission’s supervision, attorneys are not allowed to charge more than 33% of the recovery award. This means you can expect to cover any attorney fees with a third of your gross workers’ compensation claim.

Q: How Does Workers’ Comp Work in South Carolina?

A: The workers’ compensation system in South Carolina is designed to provide benefits to employees who suffer injuries or illness while performing job-related duties. The state requires employers to carry this insurance to cover their employees in the event they are injured on the job. When this occurs, the employee reports the incident to their employer, and their employer files the claim. Generally, employees do not have the legal burden of proving fault in the incident.

Q: Can You Terminate an Employee While on Workers’ Comp in South Carolina?

A: An employee can be terminated at any time and for any reason. Employees who are on workers’ compensation are not exempt from this. However, the reasons for termination cannot be that the employee is on workers’ compensation. This is known as retaliatory discharge. The employee may be terminated for any other reason, but an employer may not terminate an employee simply for filing for workers’ compensation.

Contact Your Georgetown Workers’ Compensation Attorney Today

If you’ve suffered a workplace injury, don’t wait to seek help. Let one of the attorneys at Axelrod & Associates, P.A., help you with your claim and ensure that you receive the full amount you need to recover. We can represent you throughout the entire process. Contact our office today to schedule a consultation.